Tucson Man Indicted for Shooting at Border Patrol Helicopter Near Yuma

Patrick Gary Schlegel, 34, of Sahuarita fired a .45-caliber handgun at a Customs and Border Protection helicopter near Arivaca on the morning of Jan. 27 and was shot by an agent chasing him on foot. A federal grand jury in Tucson indicted him last week on five counts, including attempted murder of a federal officer, drawing sharp condemnation from federal authorities.

The five-count indictment, announced by the U.S. Attorney's Office for the District of Arizona, charges Schlegel with attempted murder of a federal officer, assault on a federal officer, transportation of illegal aliens for profit, and possession of a firearm by a prohibited person. If convicted on all counts, he faces decades in federal prison, according to the U.S. Attorney's Office.

The confrontation unfolded over two days in late January in the rugged terrain around Arivaca, a small community about 10 miles north of the U.S.-Mexico border. On Jan. 26, agents first encountered Schlegel while he was allegedly transporting two undocumented migrants. He fled, leaving the individuals behind in the desert. The following morning, agents located him again driving a Dodge Ram truck. He abandoned the vehicle and ran on foot before allegedly firing at a CBP helicopter that had responded to assist with his capture. Heith Janke, special agent in charge of the FBI's Phoenix field division, said Schlegel was shot at approximately 7:30 a.m. Schlegel suffered injuries to his leg and head. Janke confirmed he successfully underwent surgery, and he was listed in serious but stable condition at a hospital.

Schlegel's alleged presence near the border on those January dates was itself a violation of a prior custodial arrangement. According to the criminal complaint in a separate escape case, he had been serving part of a sentence at an institution for people pending release. He signed out on Dec. 15 for an alcohol evaluation and counseling appointment and never returned.

The Pima County Sheriff's Department is conducting a parallel investigation into the use of force by the Border Patrol agent who shot Schlegel. The department noted that its involvement is standard protocol whenever a federal agent discharges a weapon during an incident in Pima County.

An attorney who represented Schlegel in a prior smuggling case declined to comment when contacted about the indictment.